Bohuno

General Terms and Conditions Bohuno B.V.

Article 1 – Definitions

In these General Terms and Conditions, the following terms shall be understood to have the meanings assigned to them below:

Bohuno – The private company with limited liability Bohuno B.V. established and having registered offices at Groenhof 94, Amstelveen, the Netherlands, with Chamber of Commerce file number 34284503 0000;

User – anyone who uses the Services of Bohuno;

Website – The website with URL’s www.bohuno.com and all underlying webpages;

Plugin – A piece of software provided by Bohuno under these Terms and conditions to the User to be used in connection with the User’s e-mail client allowing the User to use the Services

Services – The services as specified in article 3 hereof

Bohuno Account - the electronic record of the User’s personal details and personal preferences submitted by the User

Bohuno Database – the database with Spam hash files maintained by Bohuno

Spam hash files – an electronic data file containing information that uniquely identifies a certain Spam message

Spam message – an unsolicited electronic mail message containing information of a commercial, idealistic or charitable nature.

Article 2 – applicability

These General terms and conditions apply to any Use of the Services and any access to the Website by the User and shall also apply to all legal acts between the User and Bohuno.

Article 3 – service of Bohuno

Subject to these Terms and Conditions Bohuno provides the User anti-spam services. In order to be able to use Bohuno’s services, the User should create a Bohuno account via the Website and download and install a Plugin to be used with the User’s email client.

Article 4 – acceptable use and obligations of the User

Subject to these General Terms and Conditions, Bohuno grants you a limited, non-exclusive, personal, non-sub licensable, non-assignable license to use the Services and install and use the Plugin on one (1) personal computer. The Plugin and the Services may only be used for personal, non-commercial purposes.

Except as expressly permitted hereunder, the User shall not reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sell, transfer, sublicense, make copies of, create derivative works from, distribute or provide others with the Services or the Plugin in whole or part without the prior written consent of Bohuno;

Furthermore, the User will not use the Plugin nor the Services:

1. to transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable,
2. To transmit or communicate any data that contains Spam messages, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, except to upload Spam hash files to the Bohuno Database;
3. To Modify, delete or damage any information contained on any third party personal computer;
4. In a way that in the opinion of Bohuno is harmful to the reputation of Bohuno and its tradenames and trademarks;

Automatic updates

Bohuno may from time to time provide automatic programming fixes, updates and upgrades, including version updates to the Plugin (‘Automatic Updates’). The User agrees to allowing Bohuno to perform such automatic Updates on the Users computer.

Article 5 – communications and information obligations

All communications between Bohuno and the User may be carried out electronically aside from where in these General Terms and Conditions and/or the law other forms of Communications shall be required. All communications intended for the User may be sent by Bohuno to the e-mail address specified by you in the Bohuno Account. The version stored by Bohuno of the communication in questions shall be deemed evidence thereof, aside from evidence to the contrary provided by the User.

Any communication sent to the e-mail address provided by the User shall be deemed to have been received on the day of its sending, unless the User proves the contrary. If no communication is received as a result of delivery and/or accessibility problems with the e-mail box of the User this shall be for the risk of the User even if the e-mail box is located with a third party.

Bohuno shall ensure that these Terms and Conditions are provided to the User in a storable and printable manner. It is the Users responsibility to store and print these General Terms and Conditions and to retain access to the copy the User makes and stores.

Without prejudice to any obligation under the law on the part of Bohuno to retain these General Terms and Conditions, Bohuno shall not be obliged to maintain any filed General Terms and Conditions in a manner which shall be accessible for the User.

Article 6 – Privacy

The Privacy Statement issued by Bohuno, which may be found and read at , applies. The User is deemed to have read this Privacy statement and is deemed to have expressly consented to the processing described therein of the personal details provided by the User to Bohuno. The User declares to be aware that Bohuno processes personal details including information about activities of the User on the Website, use of the Plugin and the nature and amount of Uploaded Virus-hashes. Bohuno stores this information in a database which is also used to improve the service rendered to the User.

Bohuno does not read or store or makes accessible to any third party any electronic communications including email sent by the User to any third party, or sent by any third party to User, unless obliged by law.

The User may review the personal data which Bohuno processes about the User. The User may request Bohuno to alter, remove or make inaccessible any personal data about the User. Bohuno shall decide on any such request within 4 (four) weeks, and shall inform the User of its decision in writing. When deciding Bohuno takes the Users privacy interests into account.

Article 7- Warranty

Bohuno provides no remedies or warranties, whether express or implied, for the Services or the Plugin. Bohuno disclaims all warranties and representations, whether express, or implied, including the warranties of fitness of the Services or the Plugin for a particular purpose. Furthermore, Bohuno does also not warrant that the Services provided hereunder will be error-free or that the Service will operate without interruption or that by using the Services any Spam messages will be identified, deleted or filtered.

Article 8 – Liability

Use of the Services is at the users own risk. With the exception of any wilful damage or gross negligence committed by Bohuno or its managerial staff, neither Bohuno nor any of its officers, directors, employees, agents or other representatives, shall be liable to the User or to any third party, including any governmental agency, for any claims, losses, damages, liabilities or expenses whatsoever directly or indirectly arising out of or relating to these General Terms and Conditions or the Services furnished or to be furnished by Bohuno, including but not limited to damages to the Users computer as a result of the use of the Services and claims, losses, damages, liabilities or expenses whatsoever arising out of or relating to the loss or alteration of any electronic communications including emails from or to the User or the late delivery of such electronic communications, and the presence of spam messages, viruses, Trojan horses or other malware on the Users computer, and the User agrees to hold harmless, indemnify and defend Bohuno, its officers, directors, employees, agents or other representatives for any such claims, losses, damages, liabilities or expenses, and all costs and expenses that may be incurred in relation thereto, including reasonable attorneys’ fees.

All rights of legal action and other entitlements on the part of the User towards Bohuno in connection with the use of the Services shall lapse as soon as a six (6) month term has expired since the date on which the User has become aware of or could in all fairness have been aware of the existence of such rights and entitlements.

Article 9 – Intellectual Property Rights

The User acknowledges that any and all copyright, trade marks, database rights and other intellectual property rights subsisting in or used in connection with the Website, the Bohuno Database, the Services, the Plugin and all underlying software including source code and any accompanying documents (‘Materials’) are and shall remain the property of Bohuno. Except as provided herein the Materials may not be altered, modified, reproduced or made available to any third party without prior written authorisation from Bohuno.

Article 10 - Duration and termination

Both Bohuno and the User may terminate the agreement at any moment without prior written notice. It is understood that Bohuno may terminate the delivery of Services at any moment without prior written notice without being liable to the User whatsoever. Upon termination of the agreement the User will immediately delete the Plugin and all other Materials provided to the User under these General terms and conditions.

Article 11 – Assignment

Bohuno shall be permitted to transfer any rights and obligations under any agreement with the User to third parties. The user agrees and cooperates to such transfer now for then. User shall not be authorized to transfer its rights and/or obligations arising under any agreement with Bohuno to any third party without Bohuno’s prior written permission.

Article 12 – Miscellaneous

If any provision in these Terms and Conditions is held to be invalid, unlawful or unenforceable in a court of law, this shall not in any way affect the validity of the remaining provisions.

The User acknowledges and accepts that the Terms and Conditions may be amended by Bohuno unilaterally. Bohuno will make an announcement on the Website at least one month prior to any such amendment coming into effect, unless a more immediate change is required.

Article 13 - Governing law

These Terms and Conditions shall be exclusively governed by the laws of the Netherlands. The competent court in Amsterdam shall have exclusive jurisdiction with regard to disputes arising from or related to these Terms and Conditions or the use of the Services.

Amsterdam, 19 August 2008